The developer has not issued the real estate certificate, what should I do if the house cannot be so

Updated on society 2024-07-05
12 answers
  1. Anonymous users2024-02-12

    If the real estate certificate and the land certificate are combined, then there is no need to apply for the land certificate, if not, then you can sue the developer and ask for cooperation in handling the land certificate. According to the provisions of the Administrative Measures for the Sales of Commodity Housing, real estate development enterprises shall, within 90 days from the date of delivery of commercial housing, submit the information required by them to handle the registration of housing ownership to the real estate administrative department where the housing is located.

  2. Anonymous users2024-02-11

    Now there are indeed many houses, all of which are in this situation, the developer has not issued the real estate certificate, but the house wants to sell and can't buy, in this case, only sign a certificate to prove that the house is indeed after you sell the real estate certificate, they can go directly to get the real estate certificate.

  3. Anonymous users2024-02-10

    It takes procedures and some time to apply for a real estate certificate, and the problem now is that if the real estate certificate cannot be done because of the lack of documents or certificates, then what should be done. If it's in the process of being processed, don't worry.

  4. Anonymous users2024-02-09

    Then you can only wait, the general merchants will organize rights protection, so that the developer can quickly tie up the real estate certificate.

  5. Anonymous users2024-02-08

    If it has not been filed with the Housing Authority. You can let the developer change its name.

  6. Anonymous users2024-02-07

    The developer has not issued the real estate certificate, what should I do if the house cannot be sold? I think that if the real estate certificate has not been issued, you should make sure that the real estate certificate will be issued when it will be issued, so that it is easy to sell the house.

  7. Anonymous users2024-02-06

    Legal analysis: if the seller fails to submit the materials required for the registration of housing ownership on time and the buyer fails to obtain the housing ownership certificate on time, if the contract for the sale and purchase of commercial housing stipulates the method for handling liquidated damages, it shall be handled in accordance with the contract; If the contract for the sale and purchase of commercial housing does not stipulate the method for handling liquidated damages, it shall be calculated according to the paid purchase price and with reference to the standard for financial institutions to charge interest on overdue loans as stipulated by the People's Bank of China. If the buyer fails to obtain the house ownership certificate for more than one year as agreed and within the prescribed time limit due to the seller's failure to submit the housing ownership registration materials on time, the buyer may request to terminate the contract and claim compensation for losses, which can be calculated according to the bank's fixed asset loan interest rate for the same period.

    Therefore, when the real estate certificate dispute is caused by the developer's refusal to apply for the real estate certificate, the buyer can sue the court to pursue the liability for breach of contract, including:

    1. When the developer does not apply for the real estate certificate, after the lawsuit, the court requires the developer to apply for the real estate certificate;

    2. When the developer does not apply for the real estate certificate, after the lawsuit, the court requires the developer to pay liquidated damages and compensate for losses.

    Legal basis: "Measures of the People's Republic of China for the Administration of Commodity Housing Sales" Article 34 The developer shall, within 60 days after the delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the house is located. If the developer fails to submit the housing ownership registration materials on the above date, resulting in the buyer failing to obtain the housing ownership certificate on the agreed date or the specified date, the developer shall bear the corresponding liability for breach of contract.

  8. Anonymous users2024-02-05

    If the price of a property is reduced to a level that is much lower than the actual value, this may have a negative impact on the real estate market, as it may cause other developers and owners to also depress the property, thus disrupting the market.

    If you want to deal with the problem of real estate not selling, you can consider the following methods:

    1.Establish a real market demand model, which will better estimate the balance between demand and be able to price reasonably.

    3.Change the type of property or design scheme to make it more in line with market needs. For example, the commercial use will be changed to residential, and community supporting facilities such as public facilities and greening will be added.

    4.Consider leasing rather than selling your property to stabilize your income and mitigate capital risk.

    In short, finding accurate market demand and reasonable selling price is the key to solving the problem of real estate not selling. Improving your marketing strategy and property features through some innovative methods can help attract more home buyers.

  9. Anonymous users2024-02-04

    In the real estate industry, in order to promote sales, developers may adopt the method of selling at a reduced price to achieve the purpose of sales. However, such behavior may be seen as "disrupting the market" and attract the attention and investigation of regulatory authorities. So, if the real estate can't be sold, is it "disrupting the market"?

    Is there a better way to deal with it? Below, I will analyze it from multiple angles.

    First of all, from a regulatory perspective, the regulator will regard the price reduction and selling as "disrupting the market", because such behavior may violate the principle of real estate market stability. In addition, the price reduction and sell-off may also lead to other developers to follow suit, forming a downward trend of the entire market, resulting in market instability. Therefore, in order to maintain the fairness and stability of the entire market, the regulatory authorities have emphasized the need for developers to consciously abide by market rules, and at the same time, they have also explicitly prohibited such behaviors as selling at reduced prices.

    Secondly, from the perspective of consumers, the price reduction and selling may be a good opportunity for home buyers. On the one hand, the cost of buying a house will be greatly reduced, and on the other hand, it will also exert certain pressure on market competition, prompting developers to better meet customer needs and enhance their market competitiveness.

    So, what better way to deal with a situation where a markdown is not allowed? In my opinion, developers can consider the following aspects to start:

    1.Broaden sales channels: Developers can consider broadening sales channels and increasing sales efforts and sales in online and offline channels to expand brand influence and sales.

    2.Finding the right buyer: In addition to going through general sales channels, developers can also look for potential buyers who are more in line with the project's needs and budget through targeted sales, broadening their customer base, etc.

    3.Improve product quality and differentiated selling points: Developers can enhance the competitiveness and consumer recognition of their products by strengthening the research and development of product residue halls, improving product quality, and creating personalized selling points, thereby increasing sales.

    To sum up, although the price reduction and selling will cause controversy and doubts about "disrupting the market", for developers and home buyers, it is necessary to look at and analyze this situation implicitly, and under the premise of market supervision, adopt reasonable and feasible marketing strategies and sales methods, not only to protect the interests of themselves and the market, but also to meet the needs of consumers.

  10. Anonymous users2024-02-03

    The ways to deal with the developer's real estate certificate that cannot be handled are: 1. If there is an agreement in the contract, it can be resolved in accordance with the agreement. 2. If there is no agreement in the contract, the developer can be requested to perform its obligations or request to terminate the contract and compensate for losses through litigation.

    [Legal basis].

    Article 509 of the Civil Code of the People's Republic of China provides that the parties shall fully perform their obligations in accordance with the agreement. Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 18 If the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless the parties have a special agreement: (1) the time limit for handling the registration of the ownership of the house as stipulated in the contract for the sale and purchase of commercial housing.

    Article 19 If the buyer is unable to register the ownership of the house due to reasons attributable to the seller and the buyer is unable to register the ownership of the house due to reasons on the part of the seller, the buyer's request to terminate the contract and compensate for losses shall be supported if the contract for the sale and purchase of commercial housing is stipulated in the contract or the time limit for the registration of the ownership of the house stipulated in Article 33 of the "Regulations on the Administration of Urban Real Estate Development and Operation" has expired.

  11. Anonymous users2024-02-02

    If the contract stipulates the time limit for applying for the real estate certificate, and the developer is unable to apply for the real estate certificate due to its own reasons, it can be required to bear the liability for breach of contract. According to the first paragraph of Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing, if the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for handling the registration of house ownership as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is an unfinished house of Shang Senzi, 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

    Paragraph 1 of Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing (Interpretation) If, due to reasons attributable to the seller, the buyer fails to obtain the certificate of ownership of the house within the following time limits, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) The time limit for handling the registration of the ownership of the house as agreed in the contract for the purchase and sale of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

  12. Anonymous users2024-02-01

    In the real estate sales market, the situation that the real estate cannot be sold occurs from time to time, and at this time, the developer sells at a reduced price is a common way to deal with it. However, selling at a reduced price may also cause a certain degree of disruption to the market, so is there a better way for developers to deal with the situation when the property cannot be sold?

    First of all, developers can consider optimizing the sales strategy of self-erected tombs, such as improving the quality of the property, increasing the customer's home buying experience, and strengthening the publicity of the property to improve the willingness and awareness of home buyers. At the same time, it can also attract home buyers by reducing the down payment ratio and introducing preferential policies such as housing purchase subsidies. These measures help developers attract more buyers and provide more options for the real estate market, rather than disrupting the market by selling at reduced prices.

    Secondly, it also plays an important role in coordinating the market. ** The reasonable development of the real estate market can be guided through relevant policies, including regulating the relationship between housing ** and demand, encouraging real estate enterprises to effectively use land resources, and improving the level of the industrial chain. These measures will help avoid market disruption caused by excessive price reductions by developers, and also provide a more stable and healthy development environment for the market.

    Finally, for home buyers, they should also strengthen their own awareness and rational thinking. Buyers can choose the property and purchase method that suits them according to their own requirements and abilities, and at the same time, they also need to pay attention to market changes and risks to avoid being affected by market disturbances.

    In short, in the face of the situation that the real estate cannot be sold, the developer should adopt a reasonable sales strategy, strengthen the market regulation, and buyers need to strengthen the awareness of buying a house and rational thinking. Only in this way can we jointly promote the healthy and orderly development of the real estate market.

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